An Act to make provision about automated vehicles and electric
vehicles.

Be
it enacted by the Queen’s most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the
same, as follows:—

(a) “charge point” means a device intended for charging a vehicle
that is capable of being propelled by electrical power derived from a
storage battery (or for discharging
electricity stored in such a vehicle);
(b) “hydrogen
refuelling point” means a device intended for refuelling a vehicle
that is capable of being propelled by electrical
power derived from hydrogen;
(c) a charge point or a hydrogen
refuelling point is a “public charging or refuelling point” if
it is provided for use by members of the general public.

(2)
In this Part —

“operator”,
in relation to a public charging or refuelling point, has the meaning
given by regulations;

“prescribed”
means prescribed by regulations;

“vehicle”
means a vehicle that is intended or adapted for use on roads.

(c)
the components of public charging or refuelling points that provide
the means by which vehicles connect to such points (“connecting
components”).

(2)
Regulations under subsection (1)(a) may require operators —

(a)
to provide a prescribed method of payment or verification for
obtaining access to the use of public charging or refuelling points;

(b)
to co-operate with each other for the purposes of a requirement
imposed by the regulations (for example, by sharing facilities or
information);

(c)
to take prescribed steps for the purposes of such a requirement (for
example, to provide information to a prescribed person).

(3)
Regulations under subsection (1)(b) may, for example, require the
operator of a public charging or refuelling point to ensure that the
point complies with prescribed requirements (which may include
technical specifications).

(4)
Regulations under subsection (1)(c) may, for example, require the
operator of a public charging or refuelling point to ensure that its
connecting components comply with prescribed requirements (which may
include technical specifications for connecting components or any
related equipment).

(a)
large fuel retailers falling within a prescribed description, or
(b) service area operators falling within a prescribed description,
in connection with the provision on their premises of public charging
or refuelling points.

(2)
Regulations under subsection (1) may, for example —

(a)
require large fuel retailers or service area operators to provide
public charging or refuelling points;
(b) require public charging or refuelling points to be available for
use at prescribed times;
(c) require services or facilities prescribed by the regulations to be
provided in connection with public charging or refuelling points.

(3)
In this section “large fuel retailer” and “service area
operator” have the meaning given by regulations.

(1)
The Secretary of State must consider making section 11(1)(a)
regulations in relation to the whole or part of a relevant area if —

(a)
the mayor for the relevant area makes a request for such regulations
to be made,
(b) conditions 1 to 3 are met, and
(c) the Secretary of State considers that the mayor has complied with
any prescribed requirements before making the request.

(3)
Condition 1 is that the Secretary of State is satisfied that, before
making the request, the mayor —

(a)
published proposals for section 11(1)(a) regulations to be made in
relation to the whole or part of the relevant area, an
(b) consulted —

(i)
each local authority any part of whose area falls within the relevant
area or, if the request relates to part of the relevant area, within
that part,
(ii) persons who would be likely to be subject to requirements under
the regulations (if made), and
(iii) such other persons as the mayor considers appropriate, in
relation to the published proposals.

(4)
Condition 2 is that the mayor has given the Secretary of State a
summary of the responses to the consultation referred to in subsection
(3)(b).

(5)
Condition 3 is that regulations have been made under section 11(3) in
relation to the meaning of “large fuel retailer”.

(6)
If the Secretary of State decides not to make section 11(1)(a)
regulations in response to the mayor’s request, the Secretary of
State must notify the mayor of the decision and the reasons for it.

(7)
For the purposes of this section —

(a)
“relevant area” means the area of a combined authority or Greater
London;
(b) the mayor for a relevant area is —

(i)
in the case of the area of a combined authority, the mayor for the
area elected in accordance with section 107A(2) of the 2009 Act;
(ii) in the case of Greater London, the Mayor of London.

(8)
In this section —

“the
2009 Act” means the Local Democracy, Economic
Development and Construction Act 2009;

“combined
authority” means a combined authority established under section
103(1) of the 2009 Act;

(1)
Regulations may require operators of public charging or refuelling
points to make available prescribed information relating to such
points.

(2)
The information that may be prescribed under subsection (1) in
relation to a public charging or refuelling point is such information
as the Secretary of State considers likely to be useful to users or
potential users of the point, for example information about —

(a)
the location of the point and its operating hours,
(b) available charging or refuelling options,
(c) the cost of obtaining access to the use of the point,
(d) the method of payment or other way by which access to the use of
the point may be obtained,
(e) means of connection to the point,
(f) whether the point is in working order, and
(g) whether the point is in use.

(3)
The regulations may make provision —

(a)
about when, how, to whom and in what form the information is to be
made available;
(b) for the information to be made available without restrictions on
its use and disclosure.
(4) The regulations may be made so as to have effect for a prescribed
period.

(1)
Regulations may provide that a person must not sell or install a
charge point unless it complies with prescribed requirements.

(2)
The requirements that may be imposed under subsection (1) include
requirements relating to the technical specifications for a charge
point, including for example the ability of a charge point —

(a)
to receive and process information provided by a prescribed person,
(b) to react to information of a kind mentioned in paragraph (a) (for
example, by adjusting the rate of charging or discharging),
(c) to transmit information (including geographical information) to a
prescribed person,
(d) to monitor and record energy consumption,
(e) to comply with requirements relating to security,
(f) to achieve energy efficiency, and
(g) to be accessed remotely.

(3)
Regulations under subsection (1) may also prescribe requirements to be
met in relation to the sale or installation of a charge point.

(4)
In this section —

(a)
“sell” includes let on hire, lend or give;
(b) references to a prescribed person include references to —

(i)
a person of a prescribed description, and
(ii) a device operated by one or more prescribed persons.

(1)
Regulations under this Part may make provision for enforcement in
connection with a contravention of a requirement or prohibition
imposed by the regulations.

(2)
Regulations made by virtue of subsection (1) may, for example —

(a)
contain provision for determining whether there has been a failure to
comply with a requirement or prohibition;
(b) provide for the imposition of a financial penalty (and for the
payment of such a penalty into the Consolidated Fund);
(c) set out the procedure to be followed in imposing a penalty;
(d) make provision about the amount of a penalty;
(e) make provision about the enforcement of a penalty;
(f) provide for a right of appeal against the imposition of a penalty;
(g) provide for a determination for the purposes of the regulations to
be made by the Secretary of State or a prescribed person.

(3)
The provision referred to in subsection (2)(a) includes —

(a)
provision authorising a prescribed person to enter any land in
accordance with the regulations;
(b) provision for the inspection or testing of any thing by a
prescribed person, which may for example include provision about —

(i)
the production of documents or other things,
(ii) the provision of information,
(iii) the making of photographs or copies, and
(iv) the removal of any thing for the purpose of inspection or testing
and its retention for that purpose for a reasonable period.

(a)
may make different provision for different purposes or different
areas;
(b) may make supplemental, incidental, transitional or consequential
provision.

(2)
A power to make regulations under this Part is exercisable by the
Secretary of State by statutory instrument.

(3)
Before making regulations under this Part, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(4)
Subject to subsection (7), where —

(a)
a statutory instrument contains regulations under this Part, and
(b) any of those regulations are the first regulations under a
provision of this Part,
the instrument may not be made unless a draft of it has been laid
before Parliament and approved by a resolution of each House.

(5)
Where —

(a)
a statutory instrument contains regulations under section 11 (large
fuel retailers etc), and
(b) the regulations amend the definition of “large fuel retailer”
or “service area operator”,
the instrument containing the regulations may not be made unless a
draft of it has been laid before Parliament and approved by a
resolution of each House.

(6)
A statutory instrument containing regulations under this Part none of
which are —

(a)
the first regulations under a provision of this Part, or
(b) regulations to which subsection (5) applies,
is subject to annulment in pursuance of a resolution of either House
of Parliament.

(7)
Where regulations contain only provision made by virtue of —

(a)
section 10(3) or (4) (prescribed requirements for public charging or
refuelling points or for connecting components), or
(b) section 15 (prescribed requirements for charge points),
the instrument containing the regulations is subject to annulment in
pursuance of a resolution of either House of Parliament.

(8)
If a draft of a statutory instrument containing relevant section
11(1)(a) regulations would, apart from this subsection, be treated for
the purposes of the standing orders of either House of Parliament as a
hybrid instrument, it is to proceed in that House as if it were not
such an instrument.

(9)
In subsection (8) “relevant section 11(1)(a) regulations” means
regulations under section 11(1)(a) that are made pursuant to section
12 (duty to consider making regulations under section 11(1)(a) on
request by elected mayor).

My Lords, this group of amendments follows the debate on Report considering the role of metro mayors in enabling the installation of charging infrastructure. In line with commitments I made on Report, I have tabled government amendments to provide clarity around this clause. I have removed reference to the “key route network” so that metro mayors can take a strategic view of large fuel retailers across their areas. As I mentioned on Report, this is limited to “large fuel retailers” and not “service area operators”, as these areas, which are situated primarily on motorways, are best dealt with on a national level.

I have made it clear that regulations can be proposed only once “large fuel retailers” has been defined. In any instance where the Secretary of State of State chooses not to introduce regulations, he will be required to inform the applicant mayor of the reasoning and there will be a requirement to ensure that relevant local authorities are consulted. I beg to move.

Baroness Randerson (LD)

I thank the Minister for that explanation. For the information of those listening, the noble Baroness, Lady Worthington, and I attempted to lay an amendment to clarify the issue of service areas, or car parks as they might be called. However, according to the rules of the House that was not possible at Third Reading, so there is no amendment from us. But there is still a question in my mind: how do the Government envisage the strategy and policy, going forward? As I mentioned the last time we discussed this, if you go to a service area on a motorway you get your electric charging near the café—very often hundreds of feet from the fuel station—but that does not appear ​to be what is in the Government’s mind in relation to other service areas. I would like to know what the Government’s strategy is on this. I am sorry to be raising such a detail at Third Reading but we really only talked about this on Report. I still do not have a real understanding of why the Government are not considering having regulations in relation to the car parks associated with service areas, rather than just the fuel stations.

Baroness Worthington (CB)

My Lords, I too thank the Minister for her introduction of these amendments. They are very helpful; they clarify the position and make the Bill much more useful. In Committee we debated the fact that this is a very narrow power being taken in relation to the infrastructure necessary to facilitate a greater uptake of
electric and zero-emission
vehicles. It is important that we look carefully at what more can be done to encourage everybody, at all levels of
government - whether national, metro mayor or indeed at borough level
- to take stock and introduce an effective network of chargers, which can help people to be confident that they will be able to use electric vehicles in a way that matches their current vehicle use.

I echo the comments of the noble Baroness, Lady Randerson, in asking: can we hear a little more from the Government, specifically about car parks but about destination charging in general? I feel that it is a little too laissez-faire to think that this will all happen through market forces. There are going to be times when we will need to take a strategic look at this in a specific geographical region. We need to have sufficient powers to enable us to make this infrastructure happen; we will otherwise not see the uptake that we need to hit our air-quality and
climate-change targets.

Lord Berkeley (Lab)

My Lords, at the risk of causing a bit of trouble at this stage of the Bill, I cannot see why it matters particularly where the charging points are in a motorway service station. If you are going to park your car and go off to have a drink, you might as well plug it in while having it. If you do not want to do that but have a high-powered, high-speed charger you can probably do that as if you are filling up with petrol. The general principle in the Bill is all right but I suspect that the commercial pressures on the operators will persuade them to put the charging points where they are most convenient.

I thank the Minister for bringing forward these amendments, which seem to have produced a consensus on all the issues which were brought up on Report. I must agree with other speakers that the Bill is narrow and, to be fair, it is generally our role to scrutinise Bills. While we have done that, there has to be much wider consideration given by government to this whole area. That consideration has to work with other parts of government and local government, so that we do not trip into the area of sovereignty conflict. Fortunately, that seems to have been effectively solved by the amendments and the consultation. It is an important area to get straight if we are to achieve the spread of
charging points that will be necessary, particularly to achieve our air-quality targets.

Baroness Sugg

My Lords, I thank noble Lords for their contributions on this last group in the Bill. On the location of charging points within service areas, I take the point made by the noble Baroness, Lady Randerson, and the location of the charge points will be consulted on for the regulations.

On car parks and destination charging in general, I entirely agree that destinations such as car parks should install charging infrastructure to support the overall transition to electric vehicles. While in relation to the provision of public charge points the Bill focused on enabling long-term strategic journeys, following the debate on Report my noble friends and I are well aware of noble Lords’ strength of feeling about the provision of charge points in private car parks, and we have followed this up with the department. I thank the noble Baroness, Lady Worthington, for her persistence on this matter, and I am today able to commit to taking forward more action in this area. We will engage further with the private car parking industry to encourage best practice and will consider whether voluntary commitments can be made by the main private car park operators. We will also work with the Institution of Civil Engineers with a view to ensuring that industry guidance on the design and maintenance of car parks includes information and advice on charging provision. We will consider addressing requirements for charging infrastructure for car parks through the Private Member’s Bill on a parking code of practice, which has cross-party support.

I take this opportunity to update noble Lords on an issue which has come up at various stages of the Bill: the provision of electric charge points in our car park. I spoke to the parliamentary estate office this morning, and I am pleased to say that despite there being many other pressures on its time, we are making good progress on this. The feasibility study has produced some positive results and we are expecting the installation of some charge points in Royal Court soon.

This Bill provides a stepping stone in the development and deployment of automated vehicles on UK roads, and for zero-emissions vehicles, both electric battery and
hydrogen
refuelling, it will address access, standards and connection for public charging or refuelling points. It will address some of the issues of range anxiety, ensure adequate information for users and ensure that future charge points are smart. I acknowledge noble Lords’ feelings on the narrowness of the Bill, and I entirely agree that the Government must look at the bigger picture. The Bill is just one part of the work the Government are doing to ensure that we have a successful transition to zero-emissions vehicles. The upcoming strategy on electric vehicles will set out in more detail a suite of other measures which will enable us to reach a zero-emissions future.

I also take this opportunity to thank the Bill team, who have worked on this Bill for many months, and my noble friends Lord Lucas and Lord Borwick, the noble Lord, Lord Tunnicliffe, the noble and gallant Lord, Lord Craig, the noble Baronesses, Lady Randerson and Lady Worthington, and all other noble Lords who have helped to ensure rigorous scrutiny throughout the passage of the Bill. The constructive engagement, conversations and debates have led to significant improvements.

Lord Tunnicliffe

Before the Minister sits down—because it seems to me that I have to use that ridiculous device—I reciprocate the thanks to the noble Baroness, her co-pilot the noble Lord, Lord Young, and the team. They have set a very high standard of involvement with the Opposition and the political parties and, I believe, with individuals. It is a standard which I hope the Government will copy in all areas. We have made great improvements to the Bill, and I do not think there has been a Division on anything. We are there, and I thank the Minister for that. I also thank my massive team of one-fifth of a person, Molly Critchley, for all her support.

Lord Craig of Radley (CB)

My Lords, before the Minister sits down, we have concentrated very much on charging points, but the Bill was amended on Report to cover hydrogen refuelling points. They may not need exactly the same thing, so I would like an assurance that the way they are treated will take account purely of what they are for rather than making the broad assumption that they are charging points and therefore electric only.

Baroness Sugg

I am happy to confirm that. Many amendments changed the Bill to ensure that we were dealing with
hydrogen refuelling points as well. That was always the intent of the Bill but I agree that that was not clear enough, which is why we moved government amendments following interventions by the noble Baroness, Lady Randerson, and others on that issue. The technology around hydrogen is not yet as advanced as it is around electric battery but we will be addressing our hydrogen strategy in the upcoming Road to Zero document.

4: Clause 12, page 7, line 31, leave out from “for” to “, and” in line 32 and insert “section 11(1)(a) regulations to be made in relation to the whole or part of the relevant area”

5: Clause 12, page 7, line 33, at end insert —

“( ) each local authority any part of whose area falls within the relevant area or, if the request relates to part of the relevant area, within that part,”

6: Clause 12, page 7, line 39, at end insert —

“( ) Condition 3 is that regulations have been made under section 11(3) in relation to the meaning of “large fuel retailer”.”

7: Clause 12, page 7, line 40, leave out subsection (4)

8: Clause 12, page 7, line 41, at end insert —

“( ) If the Secretary of State decides not to make section 11(1)(a) regulations in response to the mayor’s request, the Secretary of State must notify the mayor of the decision and the reasons for it.”

​9: Clause 12, page 8, line 1, leave out paragraph (b)

10: Clause 12, page 8, line 16, at end insert —

““local authority” means—(a) a district council,(b) a county council, or(c) a London borough council.”

11: Clause 12, page 8, line 16, at end insert —

““large fuel retailer” has the same meaning as in section 11.”

Amendments 2 to 11 agreed.

Clause 18: Regulations

Amendment 12

Moved by - Baroness Sugg

12: Clause 18, page 11, line 16, at end insert —

“(8) If a draft of a statutory instrument containing relevant section 11(1) regulations would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.(9) In subsection (8) “relevant section 11(1) regulations” means regulations under section 11(1) that are made pursuant to section 12 (duty to consider making regulations on request by elected mayor).”

Amendment 12 agreed.

4.00 pm - Bill passed and returned to the Commons with amendments.

Thomas
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were struggling with charging of batteries and range restrictions.
Even Professor Porsche and Ford abandoned EVs for the Infernal
Combustion Engine - and to hang with the noise and smell.

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